FMCSA proposes English proficiency as an out-of-service violation

FMCSA has proposed making English language proficiency an out-of-service violation. It is still only a proposal. For owner-operators and dispatchers, that makes it an item to watch, not a final rule. The notice was published August 10, 2026 (Docket FMCSA-2026-0826), amends 49 CFR parts 390 and 391, and responds to a CVSA petition. It would align the FMCSRs with CVSA's out-of-service criteria. A limited exception covers drivers working only inside designated U.S.-Mexico border commercial zones. FMCSA says the cost of non-compliance does not change, because the proposal only codifies existing guidance and CVSA criteria. Comments closed October 9, 2026, with about 2.2K received, and no final rule has been issued. FMCSA will review the feedback before deciding how to proceed. Follow the docket for updates: regulations.gov/docket/FMCSA-2026-0826